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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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How would one counter an argument that both parties are diametrically

Resolved Question:

How would one counter an argument that both parties are diametrically diverse?
Can a sheriff refuse a plea to cross examine a bar reporter in a case? Is it possible to compel a person to cofirm whether or not a person is FGM in the best interest of a child?
What will be consequence if a taped recording is provided as production i a sheriff court?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A sheriff will not allow a bar reporter to give evidence in a case. It is for the parties to prove by their own evidence whether they are entitled to the remedies they seek from the court. A bar reporter's only function is to express an opinion in connection with interim orders, ie, before evidence is heard.
Any evidence is compellable if it is deemed relevant by the sheriff.
Taped evidence is generally admissible in civil cases.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

There is still the matter of how to counter the issue of both parties being diametrically diverse.

Will section 11(4) matrimonial proceeding (children) Act 1958 not extant then?

Expert:  JGM replied 2 years ago.
The parties are either at odds with each other or they are not. Again that is a matter of evidence for the sheriff to deal with. If the parties are not "diametrically diverse" then one would expect that they could reach an agreement without court intervention and certainly not a proof.
As regards ***** ***** I have never seen a sheriff allow a bar reporter to be called as a witness because by that stage in proceedings the sheriff is the one who listens to evidence and decided the case on the basis of the evidence, not the bar report. You can ask the sheriff to call the reporter but I have reservation about the success of such a request.
Customer: replied 2 years ago.

Even when can establish with a transcript (here taped recording) that the bar reporter has been prejudicious and rascist?

Expert:  JGM replied 2 years ago.
You would have to play the recording and let the sheriff make up his mind. What I am saying is that the sheriff is unlikely to treat the bar report as evidence at proof. If you have concerns however, you can express those, invite the sheriff to listen to the tape (the transcript has no evidential value) and make a decision. It may be that your case is such that he would call the bar reporter.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
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